Regulation And Complaints

As a mediator, we have agreed to adhere to the European Code of Conduct for Mediators.

We have professional indemnity insurance for mediation and HR work.

For information on our privacy policy, please see here. 

For information on Subject Access Requests, please see below.  

How to Complain

This complaints procedure applies to any mediations and/or any activity undertaken to prepare and facilitate a mediation, undertaken by the Mediator, Emma Turtle.

Complainant’s (Client’s) Initial Procedure:

  1. Please complete the Complaint Form setting out the details of your complaint and your desired outcome. Please note that your complaint is limited to 500 words, so please be as concise as possible. 
  2. Please do not send or provide copies of any documents which you refer to in the Complaint Form unless requested to do so by the investigator and/or mediator. 
  3. The mediator reserves the right not to deal with any complaint made otherwise than by way of the Complaint Form and in accordance with these procedures and requirements.
  4. Complaints must be made within three (3) calendar months from the events giving rise to the complaint.  

Receipt of Complaint Form

Upon successful submission of the Complaint Form, the mediator will acknowledge your complaint by email, within 5 working days. A reference number will be provided with the acknowledgement. Please note if you do not receive an acknowledgment your complaint may not have been received.

The role of the mediator and/or investigator during this process

Their role is to assess whether the mediator has provided a proper service. If the mediator provides a properly arguable answer to your complaint, your complaint is unlikely to succeed. If the mediator does not provide a properly arguable answer, your complaint is likely to be upheld. If upheld, the task of the mediator and/or investigator will then be to go and consider what, if any, action should be taken.

Complaint Response

The mediator will investigate your complaint and responded within 21 working days of receipt. The response will be used to:

  1. inform you how the mediator has responded to your complaint and what actions the mediator has undertaken to investigate your complaint;
  2. ask for further information or clarification of the complaint either from you, if the mediator in her sole discretion thinks this appropriate. This will be judged on a case by case basis; and
  3. where more time is required, the investigator will relay this information within the response form on or before the end of the 21-day period. The Mediator will advise you of the revised timescale, informing you why more time is required.

Complaint Decision

  • In addition to the above Complaint Response, the mediator and/or investigator’s full and final decision will be recorded within the Complaint Decision.
  • Consideration of the complaint will be concluded when the Complaint Decision is sent to the Complainant.
  • This will be sent to the complainant at the same time as the Complaint Response and within the same 21-day period unless the period is being extended as explained above.
  • This 21-day period to provide the Complaint Decision will only be extended if the Complaint Response  has notified the complainant that this period has been extended.
  • The Complaint Decision will record:
  • The mediator’s decision arising from the complaint;
  • the material relied upon in reaching the decision; and
  • the reason for the decision,

Information on appeal procedures

  • If the mediator is acting through a Registered Mediator Provider and instructed through that Registered Mediator Provider, rather being instructed as a sole registered mediator, an external investigator may be nominated. If this occurs the external investigator will assess the compliant.
  • The investigator may, in his or her sole discretion, seek further information or clarification of the complaint from you, the mediator or both;
  • Where more time is required, the investigator will relay this information within the response form on or before the end of the 21-day period. The Mediator will advise you of the revised timescale, informing you why more time is required; and 
  • The investigator will undertake any further activities that the investigator may see as necessary during this process.

Appeal Procedure

  • If the mediator and/or investigator’s response is not accepted by the complainant, the complainant may appeal to the Registered Mediator Provider.
  • The complainant may also be able to appeal to the Civil Mediation Council (CMC) on certain grounds. Details of the CMC’s appeal process can be found here: https://civilmediation.org/complaints/
  • All appeals must be made within one month of the conclusion of the consideration of the complaint and at any event within six months of the events giving rise to the complaint.  
  • Please note that if allegations of negligence or professional misconduct are made against the mediator, the decision or recommendation of the investigator may be that the matter should be referred directly to the mediator’s insurance company.
  • Please note written records will be kept of all complaints made against the mediator and may be shared with the Registered Mediator Provider where an appeal is made or with any relevant Court or Tribunal.

All data will be held in compliance with GDPR laws and regulations, will be kept for a maximum of six years; and the complainant may at any time requests for written records of the data held by the mediator in relation to themselves. 

Subject Access Request

Scope

All personal data processed by Employee Relations Services is within the scope of this procedure.

Data subjects (you) are entitled to obtain:

  • Confirmation as to whether Employee Relations Services is processing any personal data about them;
  • access to their personal data; and
  • any related information

Responsibilities

Emma Turtle is The Data Protection Officer is responsible for the application and effective working of this procedure. 

The Data Protection Officer is responsible for handling all SARs.

Procedure

Subject Access Requests are made through request. Please contact us here to request a Subject Access Request Form. You will need to supply evidence of identity, in the form of two forms of identification (such as Passport, Driving licence, Birth certificate, Utility bill (from last 3 months), Current vehicle registration document, Bank statement (from last 3 months), Rent book (from last 3 months)).

You will need to specify to Employee Relations Services what specific set of data you believe is held by Employee Relations Services on their subject access request (SAR). You can request all data held on you. Employee Relations Services will record the date that the identification checks were conducted and the specification of the data sought.

Employee Relations Services will provide the requested information to you within one month from this recorded date. This period may be extended by two further months where necessary, taking into account the complexity and number of the requests. Employee Relations Services will inform you of any such extension within one month of receipt of the request, together with the reasons for the delay. Where you make the request by electronic form, this means the information shall be provided by electronic means where possible, unless otherwise requested by you.

Once received, the DPO collects the data requested within the specified time frame. The DPO maintains a record of requests for data and of its receipt, including dates.

The DPO will review any subject access requests from a child: Before responding to a SAR the DPO will determine whether the child is mature enough to understand their rights.

The DPO reviews all documents that have been provided to identify whether any third parties are present in it, and either removes the identifying third party information from the documentation or obtains written consent from the third party for their identity to be revealed.

Employee Relations Services keeps a record of what data was provided in response to SARs and the date a response was sent to the data subjects or their representative.

Employee Relations Services uses the PDF electronic formats to respond to SARs.